Rehan Sheikh v. Cisco Systems, Inc. , 472 F. App'x 787 ( 2012 )

FILED
NOT FOR PUBLICATION APR 26 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
REHAN SHEIKH, No. 10-17684
Plaintiff - Appellant, D.C. No. 5:07-cv-00262-RMW
v.
MEMORANDUM *
CISCO SYSTEMS, INC.,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of California
Ronald M. Whyte, District Judge, Presiding
Submitted April 17, 2012 **
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Rehan Sheikh appeals pro se from the district court’s judgment dismissing
without prejudice his employment action. We have jurisdiction under 28 U.S.C.
§ 1291. We review for an abuse of discretion a dismissal for failure to prosecute,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Ash v. Cvetkov, 739 F.2d 493, 495 (9th Cir. 1984), and we affirm.
The district court did not abuse its discretion by dismissing Sheikh’s action
without prejudice for failure to prosecute after Sheikh failed to act on the district
court’s order granting a motion to compel arbitration, and failed to reasonably
explain his inaction. See id. at 496-97 (discussing factors to guide the court’s
decision whether to dismiss for failure to prosecute).
Because we affirm the district court’s dismissal for failure to prosecute, we
do not consider Sheikh’s challenges to the district court’s interlocutory orders. See
Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir. 1996) (after dismissal for
failure to prosecute, interlocutory orders are not appealable regardless of whether
the failure to prosecute was purposeful).
Sheikh’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-17684